Ware v. City Bank
Supreme Court of Georgia
Negotiable instruments. Pleadings. Indorsement. Practice in the Supreme Court. Lien. Fees. Amendment. Before Judge Hill. Houston Superior Court.
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Negotiable instruments. Pleadings. Indorsement. Practice in the Supreme Court. Lien. Fees. Amendment. Before Judge Hill. Houston Superior Court. November Term, 1876. The City Bank of Macon, on November 2, 1874, brought complaint against George S. Haslam, Jr., and Mims S. Ware, as executor of Shadrach Ware, deceased, for $1162.79, besides interest, alleged to be due “ on a certain instrument in writing in the form of a draft, dated June 7,1873, signed by said TIaslam on the face and back thereof, and by said Shadraeh on the back, requesting Campbell & Jones to accept the same for the…
1Opinion of the Court
Bleckley, Judge.. 1. The action was against the drawer and the executor of the indorser. “ In all cases the indorser may be sued in the same action, and in the same county, with the maker, or drawer, or acceptor ” : Oode, §2782. Under the constitution (Code, §5122,) it admits of question whether this provision for forcing the indorser to the drawer’s county could not be resisted by timely objection to the jurisdiction. The language of the constitution is, that “ suits against the maker and indorser of promissory notes, or other like instruments, residing in different counties, shall be tried…
2Cases cited8 opinions
- Vinson v. Platt & McKenzieSupreme Court of Georgia · 1857
- Turner v. Thompson, Kendrick, & Co.Supreme Court of Georgia · 1857
- Freeman v. CherrySupreme Court of Georgia · 1872
- Thompson v. HighSupreme Court of Georgia · 1853
- McClure v. SmithSupreme Court of Georgia · 1876
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Hull v. MyersSupreme Court of Georgia · 1893
- Johnson v. SherrerSupreme Court of Georgia · 1944
- Heath v. MillerSupreme Court of Georgia · 1944
- Parmelee v. WilliamsSupreme Court of Georgia · 1883
- Franklin v. Sea Island BankCourt of Appeals of Georgia · 1969
4 more not listed; retrieve them via the Exa API.